✨ Regulations for West Coast Settlement Reserves
Oct. 31.] THE NEW ZEALAND GAZETTE. 1449
thereto. If the sum deposited is insufficient the applicant shall, upon demand by the Public Trustee, pay to the Public Trustee such further sum as may be required to make up the deficiency. If the sum so deposited is more than sufficient to cover the liability aforesaid the surplus shall be returned to the applicant.
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The applicant must, prior to or at the time of lodging the application, pay to the Public Trustee all rent in arrear in respect of the whole of the land he holds being portions of reserves. If the application is in respect of the whole or any portion of the land comprised in a lease which has expired by effluxion of time, then, in addition to the payment of the rent in arrear, the applicant must pay to the Public Trustee such sum of money as shall be equivalent to a fair rent for the period between the date of the expiry of the lease and the lodging of the application, as shall be determined by the Public Trustee.
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The Public Trustee may require any applicant (either before or after he has notified to the applicant that his application ought to be given effect to) to furnish, at the applicant’s cost, a plan from actual survey of the land comprised in his application, and may refuse to proceed further with such application until such request is complied with. Such survey shall comply with any regulations made by the Surveyor-General of the colony, and be made by some person who under such regulations is authorised to make surveys for the purpose by the Surveyor-General or under such regulations.
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If the Public Trustee considers the application one which ought not to be given effect to, he shall notify his decision in writing to the applicant by registered letter addressed to the applicant at his address as stated in his application, or, if no address be stated, then at the last-known place of residence or abode of the applicant, and thereupon such application shall be deemed to be at an end: Provided that if the Public Trustee considers that the application, if amended, ought to be given effect to in part, he may, instead of rejecting the whole application, notify to the applicant by registered letter in manner aforesaid to what extent he is prepared to give effect to such application if the application is amended; and, if the applicant within twenty-one days after the posting of such registered letter consents in writing to the modification of his application to the extent to which the Public Trustee is prepared to give effect to, then the Public Trustee may treat the original application as so modified, and give effect to the same as if the original application had been modified to the extent consented to by the applicant.
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If the Public Trustee determines to give effect to an application he shall first proceed to ascertain, in such manner as he thinks fit, what is the value of the land comprised in such application as for an estate in fee-simple exclusive of the improvements thereon, but such value shall not be less than that ascertained for the assessment for the purposes of “The Land and Income Assessment Act, 1891.” He shall at the same time proceed to ascertain, in such manner as he thinks fit, what is the value of all improvements on the land comprised in the application, which improvements would, at the end or sooner determination of the lease in respect of which the new lease applied for is to be substituted, belong to the lessor, the Native owners, or the Public Trustee.
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When the Public Trustee has determined such values, as mentioned in the last-preceding paragraph number ten, he shall by notice in writing to the applicant by registered letter as aforesaid declare that he considers his application ought to be given effect to, and, in such notice inform the applicant of the amount at which the land comprised in the application has been valued at, without the improvements, and the amount at which the improvements on such land have been valued at. In such notice the Public Trustee shall specify a time and place at which a meeting shall take place between the applicant and the Native owners of the land comprised in the application, for the purpose of fixing the rent to be paid for the first twenty-one years of the new lease, as provided by subsection (a) of subsection (3) of section eight of the said Act.
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Notice of any meeting under subsection (b) of section eight of the said Act shall be in the following form, or to the following effect:—
“To [Insert the names of all the known Native owners], and the other Native owners of all that [then here describe land in such manner as to make it sufficiently descriptive to draw the attention of the Native owners to it], and to
, of
, (lessee).
“WHEREAS the above-named
has given notice to me under the provisions of section eight of ‘The West Coast Settlement Reserves Act, 1892,’ that he desires to obtain under that section a new lease of the land above described; and I consider his application ought to be given effect to: Now, therefore, I do hereby appoint a meeting to take place between the said
and all the Native owners of the above-described land for the purpose of fixing the rent to be paid for the said land for the first twenty-one years of the new lease; and I fix
as the place where, and
the
day of
, 189
, at
o’clock in the noon, as the time when, such meeting shall take place.
“Dated this
day of
, 189
.
“Public Trustee.”
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Regulations for West Coast Settlement Reserves
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🗺️ Lands, Settlement & SurveyWest Coast, Settlement Reserves, Leases, Public Trustee, Deeds, Instruments, Title, Application, Declaration, Rent, Surveys, Native Owners, Valuation
- Public Trustee
NZ Gazette 1892, No 86